City to face lawsuit for protest arrests

Katherine Seligman, OF THE EXAMINER STAFF

Published 4:00 am, Saturday, March 25, 1995

1995-03-25 04:00:00 PDT SAN FRANCISCO -- A judge has refused to dismiss a class-action lawsuit against Mayor Jordan and top police brass who implemented a state of emergency that resulted in the arrests of 400 people after the 1992 Rodney King verdict.

In a decision filed earlier this week, U.S. District Judge Claudia Wilken ruled that factual disputes between the opposing sides warranted a trial.

She found there was possible evidence indicating that police policy makers had decided to prevent any demonstration "regardless of its peaceful nature."

The civil rights class-action suit was filed on behalf of the hundreds of people who were arrested on May 1, 1992. The plaintiffs are seeking $10 million in damages for the alleged violation of their First Amendment rights, false arrest and an average of 32 hours imprisonment.

Rachel Lederman, an attorney for the plaintiffs, said Friday the ruling showed the judge was "on the right track."

City Attorney Louise Renne said the ruling was not "a portent of things to come."

"It's not too unusual to have a motion for summary judgment denied," she said. "It means there are factual issues, and you have to try the case."

The lawsuit names Mayor Jordan, The City, former Police Chief Richard Hongisto as well as policy makers and supervisory personnel of the Police Department.

The judge said in her ruling that there was insufficient evidence showing that there had been a threat of violence, incidents of violence or unlawful assembly before Hongisto ordered officers to make dispersal announcements, then make arrests.

Some of those arrested and subsequently detained at Santa Rita Jail have claimed they were innocent bystanders waiting for buses or leaving restaurants.

The arrests were made after the breakup of a planned demonstration at 24th and Mission streets. City officials have said the state of emergency was necessary to prevent violence from erupting after the King verdict, which was met in Los Angeles with widespread rioting and looting.